Presence at hearing — exceptions

12.19(1) The person(s) filing the application and any physician or mental health professionals who have examined respondent and have submitted a written examination of the respondent in connection with the hospitalization proceedings must be present at the hearing conducted under Iowa Code section 229.12 unless their presence is waived by the respondent’s attorney, the judge or referee finds their presence is not necessary, or their testimony can be taken through telephonic means and the respondent’s attorney does not object. 12.19(2) The respondent must be present at the hearing unless prior to the hearing the respondent’s attorney stipulates in writing to respondent’s absence, such stipulation to state that the attorney has conversed with the respondent, that in the attorney’s judgment the respondent can make no meaningful contribution to the hearing, and the basis for such conclusions. A stipulation to the respondent’s absence shall be reviewed by the judge or referee before the Ch 12, p.4 INVOLUNTARY HOSPITALIZATION - MENTALLY ILL October 2025 hearing, and may be rejected if it appears that insufficient grounds are stated or that the respondent’s interests would not be served by respondent’s absence. [Supreme Court Report 1979; amendment 1980; October 11, 1991, effective January 2, 1992; November 9, 2001, effective February 15, 2002]